SB 2841: AG; DLE; Human Trafficking Awareness; Transient Accommodations Sector; Training; Signage; Reporting; Penalties; Rules

A BILL FOR AN ACT

RELATING TO HUMAN TRAFFICKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

     "§28-    Human trafficking awareness training program; transient accommodations sector.  (a)  No later than July 1, 2027, the department of the attorney general shall develop a human trafficking awareness training program for the purpose of educating and training workers in the transient accommodations sector.  The training program shall include but not be limited to the following components:

     (1)  Definitions of human trafficking and the commercial exploitation of children;

     (2)  Explanation of the differences between labor trafficking and sex trafficking, as they relate to the transient accommodations sector;

     (3)  Guidance on indicators of human trafficking, including identifying:

          (A)  Individuals who may be vulnerable to or victims of human trafficking; and

          (B)  Individuals who may be engaged in human trafficking activity;

     (5)  Guidance on the appropriate response and reporting procedures for transient accommodations workers when indicators of human trafficking are observed; and

     (6)  Contact information for:

          (A)  The National Human Trafficking Hotline toll‑free number and text line; and

          (B)  Appropriate local law enforcement agencies.

     (b)  Training programs developed externally may be used within the transient accommodations sector; provided that the programs comply with subsection (a)(1) through (6) and are approved by the department of the attorney general.  The department of the attorney general shall review externally developed training programs and approve or disapprove of the program's use no later than sixty days following written receipt of the program.

     (c)  For the purposes of this section, "transient accommodations" has the same meaning as defined in section 237D‑1."

     SECTION 2.  Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§353C-    Human trafficking awareness; transient accommodations sector; training; records; signage; reporting; penalties.  (a)  Every transient accommodations employer and transient accommodations third-party contractor shall take and provide human trafficking awareness training developed pursuant to section 28-   to its employees and contract workers, as applicable, within one hundred eighty days of employment or placement, as applicable, and at least every two years thereafter.

     (b)  Each transient accommodations employer and transient accommodations third-party contractor providing human trafficking awareness training under this section shall maintain records documenting the completion of the required training by its employees and contract workers, as applicable, pursuant to rules adopted by the department.  The director or the director's authorized representative shall, for the purpose of examination, have access to and the right to copy the records.  Every transient accommodations employer and transient accommodations third-party contractor shall furnish to the director or the director's authorized representative any information relating to the training of employees and contract workers pursuant to this section in any manner as the director may prescribe.

     (c)  No later than January 1, 2028, every transient accommodations employer and transient accommodations third-party contractor shall post and keep posted in a conspicuous place readily accessible to its employees and contract workers, as applicable, signage regarding human trafficking awareness in a form prescribed by the department by rule; provided that the signage shall be printed in an easily legible font in English and any other language spoken by at least ten per cent of its employees and contract workers.

     (d)  No later than October 1, 2027, every transient accommodations employer and transient accommodations third-party contractor shall develop and implement a human trafficking prevention policy that shall:

     (1)  Apply to all of its individuals in employ and contract workers, as applicable; and

     (2)  Include procedures for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.

     (e)  A transient accommodations employer, transient accommodations third-party contractor, or the employer's or contractor's employee or contract worker who in good faith complies with this section or reports suspected human trafficking pursuant to policies adopted pursuant this section shall not be subject to civil or criminal liability for any act or omission arising out of or related to human trafficking committed by a third party, unless the employer, employee, or worker knowingly assists in the commission of human trafficking.

     (f)  Any transient accommodations employer or transient accommodations third-party contractor who violates this section shall be fined not more than $100 for each separate offense.  Each day the violation continues shall constitute a separate offense.  Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

     (g)  The department shall, in consultation with the department of the attorney general, adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.

     (h)  For purposes of this section:

     "Contract worker" means an individual employed by a transient accommodations third-party contractor who, pursuant to a contract for services with a transient accommodations employer, has contact with guests or access to guest rooms of the transient accommodations.

     "Employee" means an individual employed by a transient accommodations employer who has contact with guests or access to guest rooms of the transient accommodations.

     "Transient accommodations" has the same meaning as defined in section 237D-1.

     "Transient accommodations employer" means an employer that owns, operates, manages, or controls transient accommodations located in the State, and:

     (1)  Employs one or more employees; or

     (2)  Contracts with a transient accommodations third‑party contractor for the services of one or more contract workers.

     "Transient accommodations third-party contractor" means any person who, for a fee or other valuable consideration exacted, charged, or received, furnishes or supplies contract workers for placement with a transient accommodations employers upon request."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

AG; DLE; Human Trafficking Awareness; Transient Accommodations Sector; Training; Signage; Reporting; Penalties; Rules

Description:

By July 1, 2027, requires the Department of the Attorney General to develop a Human Trafficking Awareness Training Program to educate and train workers in the transient accommodations sector.  Requires transient accommodations employers and transient accommodations third-party contractors to periodically provide the human trafficking awareness training to certain employees and contract workers and keep records of the training.  By January 1, 2028, requires transient accommodations employers and transient accommodations third-party contractors to post signage regarding human trafficking awareness.  By October 1, 2027, requires transient accommodations employers and transient accommodations third-party contractors to develop and implement a human trafficking prevention policy that includes procedures for the reporting of suspected human trafficking.

Establishes penalties.  Requires the Department of Law Enforcement to adopt rules.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to human trafficking.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

     "§28-    Human trafficking awareness training program; transient accommodations sector.  No later than           , the department of the attorney general shall develop a human trafficking awareness training program for the purpose of educating and training workers in the transient accommodations sector.  The training program shall include but not be limited to the following components:

     (1)  Definitions of human trafficking and the commercial exploitation of children;

     (2)  Explanation of the differences between labor trafficking and sex trafficking, as they relate to the transient accommodations sector;

     (3)  Guidance on indicators of human trafficking, including identifying:

          (A)  Individuals who may be vulnerable to or victims of human trafficking; and

          (B)  Individuals who may be engaged in human trafficking activity;

     (5)  Guidance on the appropriate response and reporting procedures for transient accommodations workers when indicators of human trafficking are observed; and

     (6)  Contact information for:

          (A)  The National Human Trafficking Hotline toll‑free number and text line; and

          (B)  Appropriate local law enforcement agencies.

     (b)  For the purposes of this section, "transient accommodations" has the same meaning as defined in section 237D‑1."

     SECTION 2.  Chapter 371, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§371-    Human trafficking awareness; transient accommodations sector; training; records; signage; reporting; penalties.  (a)  Every transient accommodations employer shall provide human trafficking awareness training developed pursuant to section 28-   to its employees and contract workers within one hundred eighty days of employment or placement, as applicable, and at least every two years thereafter.

     (b)  Each transient accommodations employer providing human trafficking awareness training under this section shall maintain records documenting the completion of the required training by its employees and contract workers pursuant to rules adopted by the department.  The director or the director's authorized representative shall, for the purpose of examination, have access to and the right to copy the records.  Every transient accommodations employer shall furnish to the director or the director's authorized representative any information relating to the training of employees and contract workers pursuant to this section in any manner as the director may prescribe.

     (c)  No later than           , every transient accommodations employer shall post and keep posted in a conspicuous place readily accessible to its employees and contract workers signage regarding human trafficking awareness in a form prescribed by the department by rule; provided that the signage shall be printed in an easily legible font in English and any other language spoken by at least ten per cent of its employees and contract workers.

     (d)  No later than           , every transient accommodations employer shall develop and implement a human trafficking prevention policy that shall:

     (1)  Apply to all of its individuals in employ and contract workers; and

     (2)  Include procedures for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.

     (e)  A transient accommodations employer or its employee or contract worker who in good faith complies with this section or reports suspected human trafficking pursuant to policies adopted pursuant this section shall not be subject to civil or criminal liability for any act or omission arising out of or related to human trafficking committed by a third party, unless the employer, employee, or worker knowingly assists in the commission of human trafficking.

     (f)  Any transient accommodations employer who violates this section shall be fined not more than $           for each separate offense.  Each day the violation continues shall constitute a separate offense.  Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

     (g)  The department shall, in consultation with the department of the attorney general, adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.

     (h)  For purposes of this section:

     "Contract worker" means an individual employed by a transient accommodations third-party contractor who, pursuant to a contract for services with a transient accommodations employer, has contact with guests or access to guest rooms of the transient accommodations.

     "Employee" means an individual employed by a transient accommodations employer who has contact with guests or access to guest rooms of the transient accommodations.

     "Transient accommodations" has the same meaning as defined in section 237D-1.

     "Transient accommodations employer" means an employer that owns, operates, manages, or controls transient accommodations located in the State, and:

     (1)  Employs one or more employees; or

     (2)  Contracts with a transient accommodations third‑party contractor for the services of one or more contract workers.

     "Transient accommodations third-party contractor" means any person who, for a fee or other valuable consideration exacted, charged, or received, furnishes or supplies contract workers for placement with a transient accommodations employers upon request."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

AG; DLIR; Human Trafficking Awareness; Transient Accommodations Sector; Training; Signage; Reporting; Penalties; Rules

Description:

Requires the Department of the Attorney General to develop a Human Trafficking Awareness Training Program to educate and train workers in the transient accommodations sector.  Requires transient accommodations employers to periodically provide the human trafficking awareness training to certain employees and contract workers; keep records of the training; post signage; and develop and implement a human trafficking prevention policy that includes procedures for the reporting of suspected human trafficking.  Establishes penalties.  Requires the Department of Labor and Industrial Relations to adopt rules.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2227

Honolulu, Hawaii

RE:     S.B. No. 2841

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Judiciary and Labor and Technology, to which was referred S.B. No. 2841 entitled:

"A BILL FOR AN ACT RELATING TO HUMAN TRAFFICKING,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Department of the Attorney General to develop a Human Trafficking Awareness Training Program to educate and train workers in the transient accommodations sector;

     (2)  Require transient accommodations employers to:

          (A)  Periodically provide the human trafficking awareness training to certain employees and contract workers;

          (B)  Keep records of the training;

          (C)  Post signage; and

          (D)  Develop and implement a human trafficking prevention policy that includes procedures for the reporting of suspected human trafficking;

     (3)  Establish penalties; and

     (4)  Require the Department of Labor and Industrial Relations to adopt rules.

     Your Committees received testimony in support of this measure from the Department of Labor and Industrial Relations, Department of Law Enforcement, American Hotel and Lodging Association, Hawaiʻi Hotel Alliance, Imua Alliance, and six individuals.

     Your Committees received comments on this measure from the Sex Workers Outreach Project of Hawaiʻi.

     Your Committees find that human trafficking remains a persistent issue that affects vulnerable individuals in the State's communities.  Hotel and lodging staff are uniquely positioned as frontline observers who, with proper training, can recognize potential trafficking situations and alert law enforcement.  Your Committees additionally find that early intervention not only prevents victimization but also provides law enforcement with timely information to pursue traffickers and dismantle trafficking networks.  This measure will build essential partnerships between law enforcement and private-sector stakeholders who can provide invaluable assistance in identifying trafficking situations before they escalate.

     Your Committees note that human trafficking investigations and victim response are inherently law enforcement-driven, and therefore the Department of Law Enforcement would be better suited to serve as the lead operation agency for human trafficking training, in coordination with the Department of the Attorney General and the Department of Labor and Industrial Relations.  Your Committees further note that several businesses in the transient accommodations sector have already implemented their own human trafficking awareness training programs, and that allowing these outside programs, if approved by the Department of the Attorney General, will better facilitate an industry-wide approach to this issue.

     Accordingly, your Committees have amended this measure by:

     (1)  Requiring the Department of the Attorney General to develop the Human Trafficking Awareness Program by July 1, 2027;

     (2)  Allowing externally-developed human trafficking awareness training programs to be used within the transient accommodations sector if the programs meet certain requirements and are approved by the Department of the Attorney General within a certain time;

     (3)  Requiring the Department of Law Enforcement, rather than the Department of Labor and Industrial Relations, to oversee the Human Trafficking Awareness Program in the transient accommodations sector;

     (4)  Requiring transient accommodations third-party contractors to:

          (A)  Periodically provide the human trafficking awareness training to certain employees and contract workers, as applicable;

          (B)  Keep records of the training;

          (C)  Post signage; and

          (D)  Develop and implement a human trafficking prevention policy that includes procedures for the reporting of suspected human trafficking;

     (5)  Requiring transient accommodations employers and transient accommodations third-party contractors to post signage regarding human trafficking awareness by January 1, 2028;

     (6)  Requiring transient accommodations employers and transient accommodations third-party contractors to develop and implement a human trafficking prevention policy that includes procedures for the reporting of suspected human trafficking by October 1, 2027;

     (7)  Specifying that transient accommodations third-party contractors shall not be liable for any act or omission arising out of or related to human trafficking with exceptions;

     (8)  Specifying that the fine for violating the training, signage, policy implementation, and reporting requirements established by this measure is $100 for each separate offense; and

     (9)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2841, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2841, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Technology,